Ex Parte TOMASULA - Page 6




          Appeal No. 2004-1154                                                        
          Application No. 09/247,219                                                  


               As a final point, we note that appellant bases no arguments            
          upon objective evidence of nonobviousness, such as unexpected               
          results, which would serve to rebut the inference of obviousness            
          established by the examiner.                                                
               In conclusion, based on the foregoing, and the reasons                 
          well-stated by the examiner, the examiner's decision rejecting              
          the appealed claims is affirmed.                                            
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        




                    EDWARD C. KIMLIN            )                                     
                    Administrative Patent Judge )                                     
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    THOMAS A. WALTZ             )     APPEALS AND                     
                    Administrative Patent Judge )    INTERFERENCES                    
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    JEFFREY T. SMITH         )                                        
                    Administrative Patent Judge )                                     


          ECK/vsh                                                                     

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